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CAN MORALITY BE LEGISLATED?

Yes, Morality can be a subject of legislation. To say that morality cannot be legislated is
an ignorance of what laws really are. In fact, every law and regulation that is proposed, passed,
and enforced by our legislators, morality has been its main concern. Murder, stealing, torture,
rape, selling drugs, and other acts that are harmful to people or cause injury are immoral and it
is legislated against by making them crimes and punishing those who are engage at such.

In reality, it is possible to make laws in accordance with a particular moral system.


However, difficulty in the execution of such may emanate. It is a common knowledge of a
layman that “you can’t legislate morality”. They think that people are just going to do what they
want to do because in truth, legislation cannot change a human beings nature.

In the case of White Light Corporation, Titatnium Corporation, and Sta. Mesa Tourist &
Development Corporation, vs. City of Manila (2009), the question “Can morality not be
legislated?” can be answered. The Supreme Court reiterate in this case that individual rights
may be adversely affected only to the extent that may fairly be required by the legitimate
demands of public interest or public welfare. It also held that “the promotion of public welfare
and a sense of morality among citizens deserves the full endorsement of the judiciary provided
that such measures do not trample rights in this Court is sworn to protect.” Therefore, it can be
concluded in this case that morality can be functional in the society as long as it is in pursuit of
variant moral perspectives that entertains different interests of the people.

With that being said, “can morality be legislated?” is a wrong question, rather, “How or
what is the best way to legislate morality?”

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